M.Ramakrishnan v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2019 CORAM :

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.30239 of 2018 M.Ramakrishnan ... Petitioner Vs.

1.The Principal Secretary, Government of Tamil Nadu, Secretariat, Chennai - 600 008.

2.The District Collector, Tirupur District, Palladam Road, Thirupur.

3.The Land Acquisition Officer, The District Revenue Officer, District Collector Office, Palladam Road, 4.The Joint Commissioner, Hindu Religious & Charitable Endowments, Near Easwaran Koil, 5.The Executive Officer, Viswaswaraswamy Temple, Thirupur Taluk, Thirupur District.

6.Jayaprakash 7.Ramani 8.Jayakumar 9.Thirunavukarasu 10.Sivakumar 11.Gopal 12.Magesh 13.Marimuthu 14.Muthukumar 15.Rajeswari 16.Kalarani 17.Veerakumar

18.M.A.Matheen 19.M.Y.Abasari 20.Gobalakrishnan 21.Kamalaveni 22.Nandhini 23.Dhanalakshmi 24.Ganesan 25.Latha 26.Saibath Issak ... Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of mandamus directing the respondents 2 & 3 to consider the petitioner's representation dated 10.10.2018 before disbursing the amount to encroachers within time frame.

For Petitioner : Mr.K.Sudhakar For Respondents: Mr.S.N.Parthasarathy, Government Advocate (R1 to R3) Mr.M.Maharaja, Special Government Pleader (HR & CE - R4 & R5) Mr.K.Vignesh Karthik (R6) Mr.R.Bharath Kumar (R7, R9 to R17, R25) Mrs.D.Aruna (R18, R20, R21, R23, R24) Mr.N.Manokaran (R22) R19, R26 - No appearance R8 - not ready in notice

O R D E R

(ORDER OF THE COURT WAS MADE BY M.DURAISWAMY, J.) The petitioner has filed the above Writ Petition as a Public Interest Litigation to issue a Writ of Mandamus to direct the respondents 2 & 3 to consider the petitioner's representation dated 10.10.2018 before disbursing the amount to the encroachers within a stipulated time.

2.It is the case of the petitioner that the respondents had planned to construct a Over-bridge at Pollachi to Kochi and acquired lands by invoking Tamil Nadu Highways Act, 2001, measuring an extent of 333.4 sq.mt. for the said purpose. The said lands situate at S.F.Nos.209/1, 209/2, 209/3, 209/4 and 209/5. Further, according to the petitioner, the said lands belong to Sri Visweswaraswamy Temple and the same was classified as Devadaya lands.

3.However, the 3rd respondent filed a counter wherein he has stated that the lands do not belong to Visweswaraswamy Temple as per Re-survey Register of 1912 and the lands in S.F.No.209/1 measuring 8.43 acre is an Inam Land and the lands in S.F.Nos.209/2, 209/3, 209/4 and 209/5 are vested with the Government and the same are classified as Government Poramboke land.

4.Mr.M.Maharaja, learned Special Government Pleader (HR & CE) appearing for the respondents 4 & 5 also submitted that the lands in question do not belong to the Temple and the same vests with the Government.

5.In view of the categorical statement made by the 3rd respondent in his counter and the submission made by the learned Special Government Pleader appearing for the respondents 4 & 5, the contention raised by the petitioner in this Writ Petition cannot be accepted. The petitioner has filed the Writ Petition without ascertaining the facts. When the authorities themselves specifically state that the lands do not belong to the Temple and it vests with the Government, the Writ Petition is liable to be dismissed. Accordingly, the same is dismissed. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Principal Secretary, Government of Tamil Nadu, Secretariat, Chennai - 600 008.

2.The District Collector, Tirupur District, Palladam Road, Thirupur.

3.The Land Acquisition Officer, The District Revenue Officer, District Collector Office, Palladam Road,

4.The Joint Commissioner, Hindu Religious & Charitable Endowments, Near Easwaran Koil, 5.The Executive Officer, Viswaswaraswamy Temple, Thirupur Taluk, Thirupur District.

+1cc to Mr.K.Vignesh Karthick, Advocate Sr.48160 +1cc to the Special Government for HR & CE Sr.47090 +1cc to the Government Pleader Sr.46891 +1cc to Mr.K.Sudhakar Advocate sr.46759 +1cc to the M/S.R.Bharathkumar, Advocate Sr.46682 +1cc to Mr.N.Manoharan, Advocate Sr.46611 +1cc to Mr.D.Aruna, Advocate Sr.46381 W.P.No.30239 of 2018 ksv[co] srg 11/07/2019